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The 189th General Court of the Commonwealth of Massachusetts

Section 276: Inspector; powers and duties

Section 276. The inspector shall have access to any premises in which is kept or stored any article of bedding, upholstered furniture, stuffed toy, or filling material regulated by this law. He may inspect on the premises any materials intended for the manufacture of upholstered furniture or bedding, partly finished and finished articles of upholstered furniture and bedding, and may open such articles, including pillows or cushions belonging to or forming part thereof, for the purpose of inspecting concealed filling material and may take either the entire article or filling material in such quantities as he may deem necessary for analysis. This section shall not apply to antique furniture.

The inspector may seize, order destroyed or order off-sale any article of bedding, upholstered furniture or stuffed toy, or filling material which has been contaminated in any way, including but not limited to fire, water, flood, obnoxious odors or radiation which cannot in the opinion of the division be properly processed so as to be safe and sanitary if used. Said material shall be destroyed or salvaged in accordance with the directions set forth by the division, so that said contamination may be rendered safe and sanitary.

The inspector may order off-sale, and may so tag, any article of bedding, upholstered furniture or stuffed toy, or material therefor which is not tagged as required by section two hundred and seventy-two or which is tagged with a tag bearing a misleading term, description, designation or statement. The inspector may tag as being unfit any article or material damaged or found unfit from any cause.

No articles or materials placed off-sale or declared to be unfit by the inspector shall be sold nor shall the contents thereof be altered, interfered with, or removed in whole or in part, nor shall the articles or contents thereof be removed or permitted to be removed from the premises when placed off-sale until such articles or materials are released by the inspector. The inspector shall release such articles or materials upon the completion of corrective measures taken to effect compliance with this law. All articles placed off-sale or removed shall be subject to examination by the inspector and shall be so placed or stored so as to be readily accessible at all times and shall be produced for examination upon demand by any such inspector made upon the person or persons in charge of the establishment or premises where such articles or materials are placed off-sale.

Samples of filling material shall be taken by opening the seam of the article at a point where it may be resewed with a minimum of difficulty and where it will not affect the quality of the article, if possible.

The off-sale tag to be affixed by an inspector in accordance with the provisions of this section to any article of suspected upholstered furniture, bedding or stuffed toy or any filling material shall be a red tag and shall contain such information as may be required by the department. It shall be removed upon proof that the provisions of sections two hundred and seventy to two hundred and seventy-six, inclusive, have been complied with.

Any person who removes, or causes to be removed, any tag or device placed by an inspector upon any article of upholstered furniture, bedding or stuffed toy or any material shall be guilty of a violation of this law.

No person shall interfere with, obstruct or otherwise hinder, any inspector of the department in the performance of his duties.

Any police officer, member of any local board of health, or other town official, who has reason to believe that any provision of sections two hundred and seventy to two hundred and seventy-six, inclusive, has been or is being violated, shall give notice to the department.

The director or any inspector may cite any person engaged in manufacturing, repairing, renovating, sterilizing or selling any upholstered furniture, bedding or stuffed toy materials intended to be used, or which can be used, in its manufacture, repair or renovation, to a hearing to show cause why he should not be subject to disciplinary action or prosecution for any act or omission in violation of sections two hundred and seventy to two hundred and seventy-six, inclusive.